Massachusetts Supreme Judicial Court
Alvin Campbell v. Commonwealth
October 8, 2024
Summary
The court held that rape qualifies as a predicate offense for pretrial detention under the force clause because the offense necessarily involves unwanted, forceful penetration, even when the prosecution proves force through constructive force or the victim's incapacity to consent. Applying the categorical approach, the court distinguished rape from offenses that can be committed through de minimis touching or consensual sexual activity. The court affirmed the single justice's denial of the defendant's emergency petition.